Relating to the designation and use of certain spaces and facilities according to biological sex; authorizing a civil penalty and a private civil right of action.

89(R) SB 240 - Engrossed version - Bill Text

By: Middleton, et al.

S.B. No. 240

A BILL TO BE ENTITLED

AN ACT

relating to the designation and use of certain spaces and

facilities according to biological sex; authorizing a civil penalty

and a private civil right of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Texas Women's

Privacy Act.

SECTION 2. Subtitle Z, Title 10, Government Code, is

amended by adding Chapter 3001 to read as follows:

CHAPTER 3001.

REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND

FACILITIES ACCORDING TO BIOLOGICAL SEX

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 3001.001. DEFINITIONS. In this chapter:

(1)

"Biological sex" means the physical condition of

being male or female, as determined by an individual's:

(A)

sex organs, chromosomes, and endogenous

profiles; and

(B)

original birth certificate, if the

individual's biological sex is recorded on the birth certificate

and the record:

(i)

was entered at or near the time of

birth; and

(ii)

has not been modified other than a

modification to correct a scrivener or clerical error in the

recorded biological sex.

(2)

"Correctional facility" has the meaning assigned

by Section 1.07, Penal Code.

(3)

"Family violence shelter" means a family violence

nonresidential center or a family violence shelter center, as those

terms are defined by Section 51.002, Human Resources Code, that has

contracted with the Health and Human Services Commission under

Section 51.003, Human Resources Code.

(4)

"Institution of higher education" has the meaning

assigned by Section 61.003, Education Code.

(5)

"Multiple-occupancy private space" means a

facility designed or designated for the simultaneous use by more

than one individual and in which an individual may be in a state of

undress in the presence of another individual, regardless of

whether the facility provides curtains or partial walls for

privacy.

The term includes a restroom, locker room, changing room,

or shower room.

(6)

"Political subdivision" means a governmental

entity of this state, including a county, municipality, special

purpose district or authority, school district, open-enrollment

charter school, or junior college district.

The term does not

include a state agency.

(7)

"Single-occupancy private space" means a facility

designed or designated for use by only one individual at a time and

in which an individual may be in a state of undress. The term

includes:

(A)

a single toilet restroom with a locking door

that is designed or designated as unisex or for use based on

biological sex; and

(B)

sleeping quarters designed or designated for

use by one individual.

(8)

"State agency" means a department, commission,

board, office, council, authority, or other agency in the

executive, legislative, or judicial branch of state government that

is created by the constitution or a statute of this state, including

an institution of higher education.

Sec.

3001.002.

CONSTRUCTION OF CHAPTER. This chapter may

not be construed to prevent a litigant from asserting the

invalidity or unconstitutionality of a provision or application of

this chapter as a defense to liability in an action, claim, or

counterclaim brought under this chapter.

SUBCHAPTER B.

DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES

ACCORDING TO BIOLOGICAL SEX

Sec.

3001.051.

DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE

SPACES.

(a)

A political subdivision or state agency shall ensure

each multiple-occupancy private space in a building the political

subdivision or state agency owns, operates, or controls is

designated for and used only by individuals of the same biological

sex.

(b)

A political subdivision or state agency shall take every

reasonable step to ensure an individual whose biological sex is

opposite to the biological sex designated for a multiple-occupancy

private space under Subsection (a) does not enter the private

space.

Sec.

3001.052.

ACCOMMODATIONS. (a)

Section 3001.051 does

not prohibit a political subdivision or state agency from:

(1)

adopting a policy necessary to accommodate an

individual with a disability, a young child, or an elderly

individual who requires assistance when using a multiple-occupancy

private space;

(2)

establishing a single-occupancy private space,

family restroom, or changing room; or

(3)

changing the designation of a multiple-occupancy

private space from the use designated under Section 3001.051 to

exclusive use by individuals of the biological sex opposite to the

previously designated biological sex.

(b)

A political subdivision or state agency may not provide

an accommodation under Subsection (a) that allows an individual to

use a multiple-occupancy private space designated for the exclusive

use of individuals of the biological sex opposite to the

individual's biological sex.

Sec.

3001.053.

EXCEPTIONS. A designation of a

multiple-occupancy private space under Section 3001.051 does not

apply to:

(1)

an individual entering a multiple-occupancy

private space designated for the exclusive use of individuals of

the biological sex opposite to the individual's biological sex:

(A) for a custodial purpose;

(B) for a maintenance or inspection purpose;

(C)

to render medical or other emergency

assistance; or

(D)

to accompany an individual who needs

assistance in using the facility and provide assistance; or

(2) a child who is:

(A)

nine years of age or younger entering a

multiple-occupancy private space designated for the exclusive use

of individuals of the biological sex opposite to the child's

biological sex; and

(B)

accompanied by an individual caring for the

child.

Sec.

3001.054.

HOUSING OF INMATES ACCORDING TO BIOLOGICAL

SEX. (a)

The Texas Department of Criminal Justice shall ensure

inmates are housed in a correctional facility, including a

dormitory or cellblock of a correctional facility, according to the

inmate's biological sex.

(b)

The Texas Board of Criminal Justice may adopt rules to

implement this section, including rules ensuring this section is

implemented in compliance with state and federal law.

Sec.

3001.055.

PROHIBITED SERVICES AT CERTAIN FAMILY

VIOLENCE SHELTERS. A family violence shelter designed specifically

to provide services to female victims of family violence may only

provide services to:

(1) an individual whose biological sex is female; and

(2)

an individual who is 17 years of age or younger and

is the child of an individual described by Subdivision (1).

SUBCHAPTER C.

ENFORCEMENT

Sec.

3001.101.

CIVIL PENALTY. (a)

A political subdivision

or state agency that violates this chapter is liable for a civil

penalty of:

(1) $5,000 for the first violation; and

(2) $25,000 for the second or a subsequent violation.

(b)

Each day of a continuing violation of this chapter

constitutes a separate violation.

Sec.

3001.102.

COMPLAINT; NOTICE.

(a)

A resident of this

state may file a complaint with the attorney general against a

political subdivision or state agency for a violation of this

chapter only if:

(1)

the resident provides the political subdivision or

state agency a written notice describing the violation; and

(2)

the political subdivision or state agency does not

cure the violation before the end of the third business day after

the date the written notice is received.

(b) A complaint filed under this section must include:

(1) a copy of the written notice; and

(2)

the resident's sworn statement or affidavit

describing the violation and indicating the resident provided the

notice required by this section.

Sec.

3001.103.

DUTIES OF ATTORNEY GENERAL: INVESTIGATION

AND NOTICE.

(a)

Before bringing an action against a political

subdivision or state agency for a violation of this chapter, the

attorney general shall investigate a complaint filed under Section

3001.102 to determine whether legal action is warranted.

(b)

The political subdivision or state agency subject to the

complaint shall provide to the attorney general any information the

attorney general requests in connection with the complaint,

including:

(1) supporting documents related to the complaint; and

(2)

a statement on whether the political subdivision

or state agency has complied or intends to comply with this chapter.

(c)

If the attorney general determines legal action is

warranted, the attorney general shall provide to the appropriate

officer of the political subdivision or state agency charged with

the violation a written notice:

(1)

describing the violation and location of the

multiple-occupancy private space found to be in violation;

(2)

stating the amount of the proposed penalty for the

violation; and

(3)

requiring the political subdivision or state

agency to cure the violation on or before the 15th day after the

date the notice is received to avoid the penalty, unless a court

previously found the political subdivision or state agency liable

for a violation of this chapter.

Sec.

3001.104.

COLLECTION OF CIVIL PENALTY; MANDAMUS.

(a)

If, after receipt of notice under Section 3001.103(c), the

political subdivision or state agency has not cured the violation

on or before the 15th day after the date the notice is received or

was previously found liable by a court for a violation of this

chapter, the attorney general may bring an action to collect the

civil penalty authorized under Section 3001.101.

(b)

In addition to bringing an action under Subsection (a),

the attorney general may also file a petition for a writ of mandamus

or apply for other appropriate equitable relief.

(c)

An action under this section may be brought or filed in a

district court in:

(1) Travis County; or

(2)

a county in which the principal office of the

political subdivision or state agency is located.

(d)

The attorney general may recover reasonable expenses

incurred in obtaining relief under this section, including court

costs, reasonable attorney's fees, investigative costs, witness

fees, and deposition costs.

(e)

A civil penalty collected by the attorney general under

this section shall be deposited to the credit of the compensation to

victims of crime fund established under Subchapter J, Chapter 56B,

Code of Criminal Procedure.

Sec.

3001.105.

PRIVATE CIVIL CAUSE OF ACTION. A person

affected by a political subdivision's or state agency's alleged

violation of this chapter may bring a civil action to obtain

appropriate:

(1) declaratory relief;

(2) injunctive relief; and

(3)

court costs, including reasonable attorney's and

witness fees.

Sec.

3001.106.

SOVEREIGN, GOVERNMENTAL, AND OFFICIAL

IMMUNITY.

(a)

Notwithstanding any other law except as provided by

Subsection (b), this state has sovereign immunity, a political

subdivision has governmental immunity, and an officer, employee, or

agent of this state or a political subdivision has official

immunity in an action, claim, counterclaim, or any type of legal or

equitable action that:

(1)

challenges the validity of any provision or

application of this chapter, on constitutional grounds or

otherwise; or

(2)

seeks to prevent or enjoin this state, a political

subdivision, or an officer, employee, or agent of this state or a

political subdivision from:

(A)

enforcing any provision or application of

this chapter; or

(B)

hearing, adjudicating, or docketing an

action brought under Section 3001.104 or 3001.105 for a violation

of this chapter.

(b) Subsection (a) does not apply if:

(1)

immunity has been abrogated or preempted by

federal law in a manner consistent with the United States

Constitution; or

(2)

sovereign immunity of this state and governmental

immunity of a political subdivision to suit and from liability have

been waived to the extent of liability created by this chapter.

Sec.

3001.107.

APPLICABILITY OF IMMUNITY. Notwithstanding

any other law, the immunity conferred by Section 3001.106 applies

in every state and federal court and in every type of adjudicative

proceeding.

Sec.

3001.108.

WAIVER OF IMMUNITY. (a)

Notwithstanding

any other law, a provision of state law may not be construed to

waive or abrogate an immunity conferred by Section 3001.106 unless

the provision expressly waives or abrogates the immunity with

specific reference to this section.

(b)

Notwithstanding any other law, an attorney representing

this state, a political subdivision, or an officer, employee, or

agent of this state or a political subdivision may not waive an

immunity conferred by Section 3001.106 or take an action that would

result in a waiver of that immunity.

A purported waiver or action

described by this subsection is considered void and an ultra vires

act.

Sec.

3001.109.

JURISDICTION. (a)

Notwithstanding any

other law, including Chapter 37, Civil Practice and Remedies Code,

and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and

24.011 of this code, a court of this state does not have

jurisdiction to consider and may not award declaratory or

injunctive relief, or any type of writ, that would:

(1)

pronounce any provision or application of this

chapter invalid or unconstitutional; or

(2)

restrain a person, including this state, a

political subdivision, and an officer, employee, or agent of this

state or a political subdivision, from:

(A)

enforcing any provision or application of

this chapter; or

(B)

hearing, adjudicating, docketing, or filing

a civil action brought under this chapter.

(b)

Notwithstanding any other law, including Chapter 26,

Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil

Procedure, a court may not certify a claimant class or a defendant

class in a civil action that seeks relief described by this section.

SECTION 3. Chapter 30, Civil Practice and Remedies Code, is

amended by adding Section 30.023 to read as follows:

Sec.

30.023.

FEE SHIFTING. (a)

Notwithstanding any other

law, a person, including an entity, attorney, or law firm, who seeks

declaratory or injunctive relief to prevent this state, a political

subdivision of this state, a governmental entity, a public

official, or any other person in this state from bringing an action

to enforce a statute, ordinance, rule, regulation, or other law

that regulates access to certain spaces based on an individual's

biological sex in any state or federal court, or who represents a

litigant seeking such relief in any state or federal court, is

jointly and severally liable to pay the costs and reasonable

attorney's fees of the prevailing party, including the costs and

reasonable attorney's fees the prevailing party incurs in the

party's efforts to recover costs and fees.

(b)

For purposes of this section, a party is considered a

prevailing party if a state or federal court:

(1)

dismisses any claim or cause of action brought

against the party that seeks the declaratory or injunctive relief

described by Subsection (a), regardless of the reason for the

dismissal; or

(2)

enters judgment in the party's favor on any such

claim or cause of action.

(c)

A prevailing party may recover costs and reasonable

attorney's fees under this section only to the extent those costs

and attorney's fees were incurred while defending claims or causes

of action on which the party prevailed.

SECTION 4. Chapter 3001, Government Code, as added by this

Act, applies only to a cause of action that accrues on or after the

effective date of this Act.

SECTION 5. If any part of this Act is declared invalid, that

declaration does not affect the validity of the remaining parts of

this Act.

SECTION 6. This Act takes effect September 1, 2025.